Int. No. 1447

By The Speaker (Council Member Johnson) and Council Members Levine, Brannan, Holden, Lander and Ayala

A Local Law to amend the New York city charter, in relation to an annual inventory of agency data

Be it enacted by the Council as follows:

Section 1. Chapter 1 of the New York city charter is amended by adding a new section 20-G to read as follows:

§ 20-G Annual inventory of agency data.

a. Definitions. For the purposes of this section, the following terms have the following meanings:

Data. The term “data” shall have the same meaning as such term is defined pursuant to subdivision b of section 23-501 of the code, except that it shall also include final versions of statistical or factual information in alphanumeric form that cannot be digitally transmitted or processed.

Data set. The term “data set” means a comprehensive collection of interrelated data, whether such data is available for inspection by the public in accordance with any provision of law or not, that is either: i) maintained on a computer system by, or on behalf of, a mayoral agency; or ii) regularly collected and maintained in a physical format for the purpose of furthering the mission of a mayoral agency. Such term shall not include data stored solely on an agency-owned personal computing device, or data stored solely on a portion of a network that has been exclusively assigned to a single agency employee or a single agency owned or controlled computing device and that is not otherwise shared with or utilized by other agency employees. Such term shall not include data collected in a physical format by a single agency employee meant for the sole use of such employee;

Director. The term “director” means the director of the office of data analytics.

b. On or before July 31, 2020, and annually thereafter, the director shall submit to the mayor and speaker of the council a report on the data sets of mayoral agencies. For every data set of a mayoral agency such report shall include:

1. a specific description of the contents of such data set, including a description of the measurements, transactions or determinations, as such terms are defined in section 23-501 of the code, for which such data set contains data;

2. the agency or agencies responsible for collecting or maintaining such data set;

3. the agencies for which such data set is accessible;

4. whether such data set is maintained in a digital or physical format;

5. whether such data set is available, in whole or in part, on the open data web portal pursuant to chapter 5 of title 23 of the code;

6. a description of the method of collection for the data contained therein;

7. the frequency with which such data set is updated, and the time period during which such data was collected;

8. if such data set is maintained in a physical format, the approximate number of records contained therein; and

9. if such data set is maintained in a digital format then the approximate size of such data set in bytes, and the file format in which it is stored.

c. The report pursuant to subdivision b shall not exclude any individual data set, except that it may exclude specific information about a data set, other than the information in paragraphs 2 and 5 of subdivision b, when disclosing such specific information: (i) is expressly prohibited under federal, state law or local law; (ii) would pose a risk to individual privacy, public safety, or the cyber-security of agency systems; or (iii) would violate a confidentiality agreement or trade secret protection.  

§ 2. This local law takes effect immediately.

IB

LS # 8366

2/26/2019 1:36 pm